Medical Malpractice in United States

Medical Malpractice

A tort committed by a physician against their patient. Unless a patient consents to being treated by their physician the physicians act would constitute battery. Naturally patient’s consent, but such consent must be informed (see informed consent). Even if the patient has given informed consent they have consented only to non negligent treatment: that is the physician still has a duty to perform their service non-negligently.

See Kosberg v. Washington Hospital Center, Inc., 129 U.S.App.D.C.  322, 394 F.2d 947, 949.

Online and Social Media Patient Information

“Googling one’s patients” (e.g. using social media to obtain information) is a primary concern in patient privacy when a physician obtained or discovered information using social media. There are examples of the doctor- patient relationship being potentially damaged due to information discovered, questions if information in social media was different from information printed in newspapers. An issues is also how state-maintained  controlled substance databases
could be affected.

Social media is becoming  more prevalent in forensic work  in general, as well as in clinical work,
as a way to reduce waste, fraud, or abuse. There is potential benefit to society from physicians’ use of social media, as well as the potential harm to the patient. Clinical use of social media may differ from use in forensic settings.

Defective Prosthesis Litigation–Silicone Breast Implant

This section examines the Defective Prosthesis Litigation–Silicone Breast Implant subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Roux-en-Y Gastric Bypass Malpractice

This section examines the Roux-en-Y Gastric Bypass Malpractice subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

While many people receive medical treatment without incident, thousands of patients are injured every year while receiving medical treatment from a doctor, nurse, anesthesiologist or other medical health professional.

Common Medical Malpractice Claims (in General)

(In United States law, in the context of Medical Malpractice) As stated above, a medical malpractice claim can arise under a number of scenarios. Medical malpractice is not only asserted against doctors.

Failure to Diagnose or Misdiagnosis

Note: Find out more information about this topic in this American legal Encyclopedia. Failing to diagnose or misdiagnosing a patient is usually the most common reason for a medical malpractice claim.

Failure to Warn a Patient

Note: Find out more information about this topic in this American legal Encyclopedia. n order for patients to make informed decisions, they must be made aware of the known risks of a particular medical procedure or treatment.

Wrong Site Surgery

Note: Find out more information about this topic in this American legal Encyclopedia. A wrong site surgery occurs when a healthcare professional does not read the patient’s medical chart correctly and performs a surgery on the wrong part of the body.

Wrong Patient Surgery

Note: Find out more information about this topic in this American legal Encyclopedia. A wrong patient surgery occurs when the healthcare professional operates on the correct portion of the body but performs the surgery on the wrong patient.

Improper Treatment

Note: Find out more information about this topic in this American legal Encyclopedia. If a healthcare provider provides the patient with treatment in a way that competent doctors would not have or provides proper treatment but in an incompetent manner, a malpractice claim may lie.

Medication Mistake

Note: Find out more information about this topic in this American legal Encyclopedia. Sometimes people are injured by the very thing that is supposed to make them feel better: medicine.

Anesthesiology Mistake

Note: Find out more information about this topic in this American legal Encyclopedia. A simple mistake in anesthesiology can have a life-altering consequence.

Background on Medical Malpractice (in General)

(In United States law, in the context of Medical Malpractice) A claim for medical malpractice arises when a patient is harmed by a medical professional who fails to perform his or her medical duties.

Legal Elements

Note: Find out more information about this topic in this American legal Encyclopedia. For any claim, there are certain legal elements that the moving party must prove in order to establish a right to recovery.

Duty

Note: Find out more information about this topic in this American legal Encyclopedia. The patient must be able to show that a doctor-patient relationship existed at the time when the claim arose.

Breach of Standard of Care

Note: Find out more information about this topic in this American legal Encyclopedia. Like with other types of negligence claims, the patient in a medical malpractice claim must show that the healthcare provider was negligent in some way.

Causation

Note: Find out more information about this topic in this American legal Encyclopedia. Additionally, the patient must be able to show that the medical professional’s deviation from the standard of care caused the patient to suffer harm.

Res Ipsa Loquitor

Note: Find out more information about this topic in this American legal Encyclopedia. While the general rule in medical malpractice cases is that a patient needs a medical expert to testify about the relevant standard of care and the cause of the injury, in a few cases, this may not be necessary.

Damages

Note: Find out more information about this topic in this American legal Encyclopedia. Even if the patient can prove that the healthcare professional did act negligently, he or she may still not be able to show a right to recover.

Special Considerations for Medical Malpractice Cases (in General)

(In United States law, in the context of Medical Malpractice) Medical malpractice cases comprise a complex form of personal injury cases.

Statutes of Limitations

Note: Find out more information about this topic in this American legal Encyclopedia. Medical malpractice claims must be brought within a certain period of time according to state law.

State Requirements

Note: Find out more information about this topic in this American legal Encyclopedia. States may also have different laws pertaining to medical malpractice claims than with other types of personal injury claims.

Damage Caps

Note: Find out more information about this topic in this American legal Encyclopedia. Many states impose a maximum amount of money that a patient can receive in a medical malpractice case.

Expense

Note: Find out more information about this topic in this American legal Encyclopedia. Medical malpractice cases can be extremely expensive. They often involve exhaustive discovery requests that are expensive to respond to and that require more hours for an attorney to review.

Cause of Action Against Physician for Obstetrical Malpractice: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Physician for Obstetrical Malpractice, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Cause of Action for Medical Malpractice Based on Loss of Chance of Cure: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Medical Malpractice Based on Loss of Chance of Cure, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Medical Malpractice in Tonsillectomies

This section discusses generally the subject of Medical Malpractice in Tonsillectomies, how to determine the facts essential to Medical Malpractice in Tonsillectomies, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.